Sumit Vs State of U.P. and 3 Others

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5196 of 2025

¶3

Sumit

¶4

.....Applicant(s)

¶5

Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Rewti Raman Patel
Counsel for Opposite Party(s) : G.A.

¶6

Court No. - 69

¶7

HON'BLE VIVEK VARMA, J.

¶8

Sri Nagendra Mishra, learned A.G.A. for the State, on the basis of instructions submits that notice of the present application has been served on the informant/opposite party no.2 and Child Welfare Committee/opposite party no.4 on 21.6.2025. The receiving endorsements produced by learned A.G.A. are taken on record.

¶9

Copy of the statement of the doctor produced by learned A.G.A. and supplementary affidavit filed by counsel for the applicant are also taken on record.

¶10

Heard counsel for the applicant, learned AGA for the State and perused the material on record.

¶11

This application has been filed seeking anticipatory bail in Case Crime No. 198 of 2024, under Sections 74, 110, 115(2), 351(3) of B.N.S. and 7/8 of Protection of Children from Sexual Offences Act, Police Station- Khanpur, District- Bulandshahr, during the pendency of trial.

¶12

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with three named co-accused is alleged to have acted indecently with the victim and co-accused Yogendra is alleged to have assaulted the victim on her head. In the statement of the victim under Section 183 B.N.S.S., specific role of acting indecently with the victim and causing

¶13

NABAIL No. 5196 of 2025

¶14

2

¶15

injury to the victim, her sister and her father has been assigned to co-accused Yogendra (Yogi). The case of the applicant is clearly distinguishable from that of co-accused Yogendra (Yogi). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.2 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

¶16

Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶17

Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that as per the first information report, the applicant along with three named co-accused is alleged to have acted indecently with the victim and co-accused Yogendra is alleged to have assaulted the victim on her head; in the statement of the victim under Section 183 B.N.S.S., specific role of acting indecently with the victim and causing injury to the victim, her sister and her father has been assigned to co-accused Yogendra (Yogi); investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

¶18

In the event of arrest, the applicant Sumit, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶19

(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

¶20

(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court;

¶21

NABAIL No. 5196 of 2025

¶22

3

¶23

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

¶24